P. v. Haqq
On November 3, 2011, the Alameda County District Attorney filed an indictment charging David Demarcus Haqq (Haqq or appellant) with three counts of forcible rape while acting in concert (Pen. Code, §§ 261, subd. (a)(2), 264.1), and one count of kidnapping to commit rape (Pen. Code, § 209, subd. (b)).[1] In connection with the forcible rape counts, it was further alleged that Haqq kidnapped the victim, that the movement substantially increased her risk of harm, and that the victim was 14 years of age or older. (§§ 667.61, subd. (d)(2), 667.8) On April 11, 2013, Haqq filed a motion to dismiss, arguing that the lengthy precharging delay in the case resulted in a denial of his federal and state constitutional rights to due process. Haqq’s jury trial began on April 15, 2013. OnApril 18, 2013, the trial court denied Haqq’s motion to dismiss. Subsequently, on May 23, 2013, the jury found Haqq guilty as charged and found true the charged allegations. As a result, on June 21, 2013
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